What are our human rights? What are their philosophical justifications and historical origins? Focusing on highly topical issues such as torture, arbitrary detention, privacy, and discrimination, this Very Short Introduction will help readers to understand for themselves the controversies and complexities behind this vitally relevant issue.

Andrew Tooke's 1691 English translation of Samuel Pufendorf's De officio hominis et civis, published as The Whole Duty of Man According to the Law of Nature, brought Pufendorf's manual fo statist natural law into English politics at a moment of temporary equilibrium in the unfinished contest between Crown and Parliament for the rights and powers of sovereignty. Drawing on the authors' re-edition of The Whole Duty of Man, this article describes and analyses a telling instance of how--by translation--the core (...) political terms and concepts of the German natural jurist's 'absolutist' formulary were reshaped for reception in the different political culture of late seventeenth-century England. (shrink)

The Oxford Monographs On Criminal Law And Justice series aims to cover all aspects of criminal law and procedure including criminal evidence. the scope of the series is wide, encompassing both practical and theoretical works. Series Editor: Professor Andrew Ashworth, Vinerian Professor of English Law, All Souls College, Oxford. This volume is a thematic collection of essays on sentencing theory by leading writers. The essays fall into three groups. Part I considers the underlying justifications for the imposition of punishment (...) by the State, and examines the relationship between victims, offenders and the State. Part II addresses a number of areas of sentencing policy that have given rise to particular difficulty, such as the sentencing of drug offenders, the rationale for discounting sentences for multiple offenders, the existence of special sentencing for young offenders, and cases where the injury done to the victim is of a different magnitude from what might have been expected. Part III raises various questions about the unequal impact on offenders of different sentencing measures, and examines the extent to which sentences should be adjusted to take account of these different impacts and of broader social inequalities. This volume is dedicated to Professor Andrew von Hirsch, whose continuing work on sentencing theory provided the stimulus for the collection. (shrink)

In An Essay upon Civil Government , Andrew Michael Ramsay mounted a sustained attack upon the development throughout English history of popular government. According to Ramsay, popular involvement in sovereignty had led to the decline of society and the revolutions of the seventeenth century. In his own time, Parliament had become a despotic instrument of government, riven with faction and driven by a multiplicity of laws that manifested a widespread corruption in the state. Ramsay's solution to this degeneracy was (...) the extirpation of Parliament, and its substitution with a monarchy moderated by an aristocratic senate. Ramsay's adoption of certain “Country” elements, including a return to the first principles of the constitution, claimed to reflect the principles of contemporary French aristocratic theory which called for the reform of government through the nobility. In his desire to exclude popular government, and reverse the decline of the state, however, Ramsay utilised the theory with which Bossuet had defended Louis XIV's absolute France. Intriguingly, traces of the natural law system which fortified Ramsay's theory can be found in Viscount Bolingbroke's subsequent attack on Walpole's Whig ministry and the corruption of the state. (shrink)

Andrew Collier is the boldest defender of objectivity - in science, knowledge, thought, action, politics, morality and religion. In this tribute and acknowledgement of the influence his work has had on a wide readership, his colleagues show that they have been stimulated by his thinking and offer challenging responses. This wide-ranging book covers key areas with which defenders of objectivity often have to engage. Sections are devoted to the following: 'objectivity of value', 'objectivity and everyday knowledge', 'objectivity in political (...) economy', 'objectivity and reflexivity', 'objectivity, postmodernism and feminism', 'objectivity and nature'. The diverse contributions range from social and political thought to philosophy, reflecting the central themes of Collier's work. (shrink)

Andrew Wayne discusses some recent attempts to account, within a Bayesian framework, for the "common methodological adage" that "diverse evidence better confirms a hypothesis than does the same amount of similar evidence". One of the approaches considered by Wayne is that suggested by Howson and Urbach and dubbed the "correlation approach" by Wayne. This approach is, indeed, incomplete, in that it neglects the role of the hypothesis under consideration in determining what diversity in a body of evidence is relevant (...) diversity. In this paper, it is shown how this gap can be filled, resulting in a more satisfactory account of the evidential role of diversity of evidence. In addition, it is argued that Wayne's criticism of the correlation approach does not indicate a serious flaw in the approach. (shrink)

Andrew H. Gleeson has written an essay commenting on an exchange between Dewi Z. Phillips and me, arguing that I was mistaken to dismiss Phillips’ criticism of the standard definition of omnipotence as unsuccessful. Furthermore, he charges Swinburne, me, and analytic theists in general, with an excessive anthropomorphism that obliterates the distinction between Creator and creature. In response, I contend that all of Gleeson’s criticisms are unsound.

In his paper, ‘A critique of religious fictionalism’, Benjamin Cordry raises a series of objections to a fictionalist form of religious non-realism that I proposed in my earlier paper, ‘Can an atheist believe in God?’. They fall into two main categories: those alleging that an atheist would be unjustified in adopting fictionalism, and those alleging that fictionalism could not be successfully implemented, or practised communally. I argue that these objections can be met.

Andrew Feenberg's Questioning Technology (1999) is his third book in a series of studies which undertake to provide critical theoretical and democratic political perspectives to engage technology in the contemporary era. In Critical Theory of Technology (1991), Feenberg draws on neo-Marxian and other critical theories of technology, especially the Frankfurt School, to criticize determinist and essentialist theories. In this ground-breaking work (which will go into its second edition in 2001), he discusses both how the labor process, science, and technology (...) are constituted as forms of domination of nature and human beings, and how they could be democratically transformed as part of a program of radical social transformation. In Alternative Modernity (1995), Feenberg turns to focus on constructivist theories and the ways in which individuals and groups can reconstruct technology to make it serve more humane and democratic goals. His most recent book draws on his earlier work while polemically developing his own positions within contemporary debates over technology. (shrink)

These reflections on Andrew Grosso’s recent book Personal Being highlight his philosophical construction of a concept of personhood based on themes from the writings Of Michael Polanyi and his use of this conception to express creatively elements of the traditional Christian doctrines on the trinity. Additional clarifications are sought regarding his formulations on the divine personhood of Jesus, the adequacy of his formulations on the intra-trinitarian relations, and the insightfulness of the absolute personhood of the divine. This study is (...) a helpful model for extending Polanyian insights into the realm of dogmatic theology. (shrink)

Andrew Dickson White played a pivotal role in constructing the image of a necessary, and even violent, confrontation between religion and science that persists to this day. Though scholars have long acknowledged that his position is more complex, given that White claimed to be saving religion from theology, there has been no attempt to explore what this means in light of his overwhelming attack on existing religions. This essay draws attention to how White's role as a historian was decisive (...) in allowing him to posit a future for religion purified of dogma by science. It argues, furthermore, that this effort is better understood as religious innovation, rather than a plea for strictly secular science. In so doing it hopes to lay the foundation for a more fruitful historical treatment of White, and a range of other figures whose devotion to science has otherwise been difficult to grasp. (shrink)

Millions of Americans, as well as millions in Europe, have used or will use a library established by Andrew Carnegie. In his lifetime Carnegie gave the equivalent of several billion dollars in today's money to establish 1,689 public libraries in the United States, Hawaii and Puerto Rico. Moreover, 660 libraries in Britain and Ireland, 125 in Canada, 17 in New Zealand, 12 in South Africa and scattered others around the world exist because of this man. 1 And this does (...) not include the extensive positive influence of the foundations and grants established by Carnegie. Aristotle would likely have called him ‘magnificent’. Carnegie had the virtue beyond mere generosity available only to those with the means and position to benefit the polis on a grand scale. Unlike generosity, magnificence involves what Irwin has called ‘the judgment and tact that are needed for large benefactions. 2 Whether ‘magnificent’ or ‘generous’ is a better term for Carnegie's character is not my major concern. Carnegie's recent biographer simply uses ‘generous’. So, for the remainder of this paper, I will use ‘generous’. 3 But was Carnegie, in fact, generous? This paper will explore both the definition of the virtue and its application to Andrew Carnegie. (shrink)

Andrew Benjamin’s book Disclosing Spaces (2004) presents a theory of painting. The theory is developed via a meticulous analysis of a series of individual artworks. The pivot of Benjamin’s theory of painting is the idea of relationality. The theory is critically reviewed with reference to the works of Edward Hopper, Gerhard Richter and Jacques-Louis David.

Intellectual historian Andrew Jewett sets an enormous task for himself: to trace the history and context of science and values relations over the course of some hundred-odd years of U.S. history. He does this to further an argument that science was once explicitly connected to the study of human values, and that the story that explains how science became value neutral is a contingent one. It could have happened differently, he argues, and it should have. Furthermore, because that history (...) is contingent, we are free to still change our academic habits and to allow the social sciences to be sciences alongside the natural and physical sciences. The reason this would be worth doing, according to Jewett, is.. (shrink)

In “Friendship Amongst the Self-Sufficient: Epicurus” (this Journal, Vol. 2, No. 2, June 2001), Andrew Mitchell explores the Epicurean view of the relationship between self-sufficiency and friendship by contrasting it with the views of Aristotle and the Stoics. Epicurus, Aristotle, and the Stoics do indeed have interestingly different views on friendship that are well worth comparing. Yet Mitchell’s characterization of Aristotelian friendship is misleading, his account of Stoic friendship is inaccurate, and his interpretation of Epicurean friendship is curiously imaginative (...) but ultimately rather strange. (shrink)

In this paper, we respond to Andrew Avins's recent review of methods whose use he advocates in clinical trials, to make them more ethical. He recommends in particular, “unbalanced randomisation”. However, we argue that, before such a recommendation can be made, it is important to establish why unequal randomisation might offer ethical advantages over equal randomisation, other things being equal. It is important to make a pragmatic distinction between trials of treatments that are already routinely available and trials of (...) restricted treatments. We conclude that unequal randomisation could, indeed, be an ethical compromise between protecting the interests of participants and those of society. (shrink)

This paper explores the political thought of Andrew Michael Ramsay with particular reference to his highly acclaimed book called A New Cyropaedia, or the Travels of Cyrus (1727). Dedicated to Prince Charles Edward Stuart, the Young Pretender, to whom he was tutor, this work has been hitherto viewed as a Jacobite imitation of the Telemachus, Son of Ulysses(1699) of his eminent teacher archbishop Fénelon of Cambrai. By tracing the dual legacy of the first Persian Emperor Cyrus in Western thought, (...) I demonstrate that Ramsay was as much indebted to Jacques-Bénigne Bossuet's Discourse on Universal History (1681)as he was to Fénelon's political romance. Ramsay took advantage of Xenophon's silence about the eponymous hero's adolescent education in his Cyropaedia, or the Education of Cyrus (c.380B.C.), but he was equally inspired by the Book of Daniel, where the same Persian prince was eulogised as the liberator of the Jewish people from their captivity in Babylon. The main thrust of Ramsay's adaptation was not only to revamp the Humanist- cum-Christian theory and practice of virtuous kingship for a restored Jacobite regime, but on a more fundamental level, to tie in secular history with biblical history. In this respect, Ramsay's New Cyropaedia, or the Travels of Cyrus, was not just another Fénelonian political novel but more essentially a work of universal history. In addition to his Jacobite model of aristocratic constitutional monarchy, it was this Bossuetian motive for universal history, which was first propounded by the German reformer Philipp Melanchthon in his Chronicon Carionis (1532), that most decisively separated Ramsay from Henry St. John, Viscount Bolingbroke, author of another famous advice book for princes of the period, The Idea of a Patriot King (written in late 1738 for the education of Frederick Lewis, Prince of Wales, but officially published in 1749). (shrink)

Andrew Simester and Andreas von Hirsch’s Crimes, Harms, and Wrongs: On the Principles of Criminalisation (Simester and von Hirsch 2011) is an important contribution to the philosophical debate over the nature and ethical limits of criminalisation. As they note in their reply in this symposium, one of the novel aspects of their account is that they do not advance one “unified, grand theory”. Rather, they analyse each ground of criminal prohibition—wrongfulness, harm-based, offense, and paternalistic prohibitions aimed at preventing self-harm—so (...) as to develop guiding principles for their use (or, in the case of paternalism, the absence of an independent principle that would underwrite its use).The result is a rich set of arguments that advance a number of debates across the field of criminalisation.However, that is not all: the participants share the view that, as Tatjana Hörnle puts it, “any theory of criminalization presupposes assumptions about the functions of the criminal law. The q. (shrink)

This essay explores Heidegger’s “The Origin of the Work of Art” and Andrew Goldsworthy’s artworks. Both Heidegger and Goldsworthy can be seen as refashioning our ontological bearings towards nature through the work of art. After introducing a set of distinctions (e.g., world/earth) in the context of Heidegger’s conception of the artwork as the event of truth, I argue that Heidegger’s releasing of the work of art from metaphysical notions of “the thing” illuminates the ambiguous status of Goldsworthy’s artworks as (...) things. Goldsworthy’s crafting of artworks from natural materials exemplifies Heidegger’s concept of technē as the bringing forth of a work in the midst of phūsis, or beings that arise of their own accord. (shrink)

This essay examines the contrasting conceptualizations of reason in the thought of John Henry Newman and Andrew Martin Fairbairn in their articles published in The Contemporary Review in 1885. This essay articulates both Fairbairn’s charge of philosophical scepticism against Newman as well as Newman’s defense of his position and concomitantly details Fairbairn’s and Newman’s competing notions of the efficacy of reason to provide reliable knowledge of God. The positions of Fairbairn and Newman remain two of the most important perspectives (...) on the role of reason in the acquisition of knowledge about God in nineteenth- and twentieth-century Christian theology. (shrink)

Post-war argumentation theorists have tended to regard argumentation as one thing and mathematical proof as another. Perelman (1958, 1969), for example, defined the word ‘argumentation’ stipulatively as a contrast term to ‘demonstration’: whereas mathematical reasoning as theorized by modern formal logic, he writes, is a matter of deducing theorems from axioms in accordance with stipulated rules of transformation, argumentation aims at gaining the adherence of minds (Perelman 1969, pp. 1–2). Toulmin (1958) contrasted his “jurisprudential model” of argument, according to which (...) the validity of an argument is a matter of its following proper procedure, with a “geometrical model” according to which validity is a matter of its having a proper shape comparable to the shape of a triangle (Toulmin 1958, p. 95). Johnson (2000, pp. 231–232) argues explicitly that a mathematical proof is not an argument.In the collection under review, Andrew Aberdein and Ian Dove have assembled a number of recent. (shrink)

What a pleasure to have such subtle thinkers and scholars as Bill Martin and Andrew Cutrofello reflect on the relation of irony and comedy to politics and philosophy through their commentary on my new book. To set the tone, Martin begins with a koan, or a parody of one, “What if a tree told a joke in the woods and there was no one there to hear it?” He means, I believe, to sound a warning on the limits of (...) irony in our serious, or perhaps, Martin would say, our seriously idiotic, times. By the end of his discussion, Martin wonders if perhaps a politics of irony might not lead to greater cynicism in our morally upside-down times and if those Wall Street rip-off artists merit something more than satire—they may .. (shrink)

The Īśvara Gītā, translated by Andrew J. Nicholson in Lord Śiva’s Song: The Īśvara Gītā, is a quintessentially Hindu post-Vedic devotional text. Extolling Lord Śiva as the highest Truth, it sets out to establish its credentials in ways typical of the devotional traditions: it is located in one of the Purāṇas, already considered to be the fifth Veda by the time of the Chandogya Upaniṣad, thereby appropriating the paramount sacrosanctity of the Śruti tradition. It adopts the setting of Sūta’s (...) address to the sages of Naimiṣāraṇya, made famous by the Bhāgavata Purāṇa for its own outer narrative frame. It engages the great sage Vyāsa as its primary narrator, thereby invoking the cachet of the foremost authority.. (shrink)

Notice is given of the discovery of two reports and an accompanying manuscript map by Andrew Ramsay, on the geology of the St David's area, Pembrokeshire. This adds to previously published information on early geological work in this important region: Ramsay's report throw some light on his attitude towards Murchison's ideas on Welsh stratigraphy. The map is the earliest known version of the Survey's St David's sheet.

After canvassing with good grace the make-up of cyberspace Andrew Murray wonders, in his recent book The Regulation of Cyberspace, which role traditional lawmakers are left to play in the new cyber-regulatory environment. Murray describes the static `command and control' regulatory model as disruptive and ineffective, and supports instead a dynamic, complimentary, and symbiotic regulatory model, which he presents under the features of an autopoietic environment and systems dynamics theory.Regulatory models, explains Andrew Murray in his recent book The (...) Regulation of Cyberspace, intervene when a `disruptive innovation', such as the Internet, creates a regulatory vacuum. As cyberpaternalists suggest, however, the lack of traditional legal-regulatory control systems does not mean total freedom within cyberspace . On the contrary, as the author contends, `regulators of all forms rush to fill in this vacuum' so that the traditional regulatory mechanism is replaced by private regulatory systems acting, as Joel Reidenberg exposed, as `proxies' to the traditional regulatory system . Murray shares this point, but also gives credit to the views of cyberlibertarians. Cyberlibertarians argue that traditional command and control models are at last ineffective, even when they operate through proxies. In cyberspace, so they claim, regulators and regulatees mingle with each other to such an unheard-of extent that regulatory interventions cannot be effective unless regulatees co-operate actively.In his book, professor Andrew Murray treasures the sound arguments advanced by the cyberlibertarian and cyberpaternalist camps, and draws lessons from both in order to build a dialectic confrontation between static instrument and dynamic instrument thinking in the regulation of cyberspace. He consecrates the pars destruens of his work to explain why lawmakers should eschew the static approach and adheres to the pars construens to expand on a more dynamic and `smarter' regulatory model. (shrink)

The purpose of this review is to bring to the attention to a wider, specialised audience a special issue of the UK journal, Ethnographic Studies. The special issue, compiled and edited by Andrew Carlin and Roger Slack, is a Festschrift in honour of Egon Bittner (1921–2011). The readership of Human Studies might be aware of Egon Bittner as one of the circle surrounding Harold Garfinkel and Harvey Sacks in the early and preparatory days of ethnomethodology between 1955 and 1965.This (...) collection of papers can be divided into three sets. The introduction, biographical, and “contribution pieces,” give an account of parts of Bittner’s life, his work with others and the contribution he made within the various collaborations and seminars which he attended and where his contributions were recorded. The second set, probably most valuable to the ethnomethodological reader, are the papers which could be described as Bittner’s contributions to sociological method and methodology. Contained within th .. (shrink)

The Constitution of the United States was constructed by men influenced by fundamental ideas of what a republic should be. These ideas hark back to the ancient philosophers and historians, and were further articulated and developed in modern times. From time to time scholars have sought to collect and reprint selections from the classical, biblical, and modern sources upon which the Founding Fathers fed. Remarkably, however, the best anthology of these sources to understand the republican idea that undergirds the Federal (...) Constitution was prepared on the eve of the Constitutional Convention by John Adams, a signer of the Declaration of Independence, then in London as American envoy to Great Britain and eventually the second President of the United States. I refer to Adams' A Defence of the Constitutions of Government of the United States of America, against the attack of M. Turgot, in his letter to Dr. Price, 22 March, 1778. (shrink)

resumo: O objetivo do artigo é explicitar o projeto de transformação da tecnologia de Andrew Feenberg a partir do conceito de design e da noção de tecnoestética de Gilbert Simondon. Queremos entender qual seria o papel da tecnoestética na transformação do design da tecnologia. O uso das categorias tecnoestéticas, como prazer no uso dos objetos técnicos e a incorporação deste uso ao sentido do eu, pode fornecer um critério para a intervenção democrática na constituição do design dos objetos técnicos? (...) abstract: The article explains Andrew Feenberg’s project of transforming technology through Gilbert Simondon’s concept of design and his notion of the techno-aesthetic. We want to understand what role the techno-aesthetic would play in the transformation of technological design. Can the use of techno-aesthetic categories and the incorporation of this use in the self’s sense provide a criterion for democratic intervention in the constitution of technical objects’ design? (shrink)